SCHEDULES
SCHEDULE 3 Contribution conditions for entitlement to benefit
Part I The conditions
Widowed mother’s allowanceF5, widowed parent’s allowance, bereavement allowance and widow’s pension; retirement pensions (Categories A and B)
5
F121
This paragraph sets out the contribution conditions for—
a
a widowed mother's allowance, a widowed parent's allowance or a widow's pension;
b
a Category A retirement pension (other than one in relation to which paragraph 5A applies);
c
a Category B retirement pension in the cases provided for by any of sections 48A to 51ZA.
2
The first condition is that—
a
the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and
b
the earnings factor derived—
i
if that year is 1987-88 or any subsequent year, from F7so much of the contributor’s earnings as did not exceed the upper earnings limit and upon which such of those contributions as are primary Class 1 contributions were paid or treated as paid and any Class 2 or Class 3 contributions, or
ii
if that year is an earlier year, from the contributions referred to in paragraph (a) above,
must be not less than the qualifying earnings factor for that year.
3
The second condition is that—
a
the contributor concerned must, in respect of each of not less than the requisite number of years of his working life, have paid or been credited with contributions of a relevant class F2or been credited (in the case of 1987-88 or any subsequent year) with earnings; and
b
in the case of each of those years, the earnings factor derived as mentioned in sub-paragraph (4) below must be not less than the qualifying earnings factor for that year.
4
For the purposes of paragraph (b) of sub-paragraph (3) above, the earnings factor—
a
in the case of 1987-88 or any subsequent year, is that which is derived from—
i
F8so much of the contributor’s earnings as did not exceed the upper earnings limit and upon which such of the contributions mentioned in paragraph (a) of that sub-paragraph as are primary Class 1 contributions were paid or treated as paid or earnings credited; and
ii
any Class 2 or Class 3 contributions for the year; or
b
in the case of any earlier year, is that which is derived from the contributions mentioned in paragraph (a) of that sub-paragraph.
5
For the purposes of the first condition, a relevant year is any year ending before that in which the contributor concerned attained pensionable age or died under that age; and the following table shows the requisite number of years for the purpose of the second condition, by reference to a working life of a given duration—
Duration of working life | Requisite number of years |
|---|---|
10 years or less | The number of years of the working life, minus 1. |
20 years or less (but more than 10) | The number of years of the working life, minus 2. |
30 years or less (but more than 20) | The number of years of the working life, minus 3. |
40 years or less (but more than 30) | The number of years of the working life, minus 4. |
More than 40 years | The number of years of the working life, minus 5. |
6
The first condition shall be taken to be satisfied if the contributor concerned was entitled to F1long-term incapacity benefit at any time during—
a
the year in which he attained pensionable age or died under that age, or
b
the year immediately preceding that year.
F116A
The first condition shall be taken to be satisfied if the contributor concerned was entitled to main phase employment and support allowance at any time during—
a
the year in which he attained pensionable age or died under that age, or
b
the year immediately preceding that year.
6B
The reference in sub-paragraph (6A) to main phase employment and support allowance is to an employment and support allowance in the case of which the calculation of the amount payable in respect of the claimant includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007 (addition where conditions of entitlement to support component or work-related activity component satisfied).
7
The second condition shall be taken to be satisfied notwithstanding that paragraphs (a) and (b) of sub-paragraph (3) above are not complied with as respects each of the requisite number of years if—
a
those paragraphs are complied with as respects at least half that number of years F4... ; and
b
in each of the other years the contributor concerned was, within the meaning of regulations, precluded from regular employment by responsibilities at home.
F10But nothing in this sub-paragraph applies in relation to any benefit to which section 23A above applies.
F67A
Regulations may provide that a person is not to be taken for the purposes of sub-paragraph (7)(b) above as precluded from regular employment by responsibilities at home unless he meets the prescribed requirements as to the provision of information to the Secretary of State.
8
For the purposes of F3Parts I to VI of this Act a person’s working life is the period between—
a
(inclusive) the tax year in which he attained the age of 16; and
b
(exclusive) the tax year in which he attained pensionable age or died under that age.
F95A
1
This paragraph applies to—
a
a Category A retirement pension in a case where the contributor concerned attains pensionable age on or after 6th April 2010;
F13b
a Category B retirement pension in the cases provided for by any of sections 48A to 51ZA.
2
The contribution condition for a Category A or Category B retirement pension in relation to which this paragraph applies is that—
a
the contributor concerned must, in respect of each of not less than 30 years of his working life, have paid or been credited with contributions of a relevant class or been credited (in the case of 1987-88 or any subsequent year) with earnings; and
b
in the case of each of those years, the earnings factor derived as mentioned in sub-paragraph (3) below must be not less than the qualifying earnings factor for that year.
3
For the purposes of paragraph (b) of sub-paragraph (2) above, the earnings factor—
a
in the case of 1987-88 or any subsequent year, is that which is derived from—
i
so much of the contributor's earnings as did not exceed the upper earnings limit and upon which such of the contributions mentioned in paragraph (a) of that sub-paragraph as are primary Class 1 contributions were paid or treated as paid or earnings credited; and
ii
any Class 2 or Class 3 contributions for the year; or
b
in the case of any earlier year, is that which is derived from the contributions mentioned in paragraph (a) of that sub-paragraph.
4
Regulations may modify sub-paragraphs (2) and (3) above for the purposes of their application in a case where—
a
the contributor concerned has paid, or been credited with, contributions, or
b
contributions have been deemed to be, or treated as, paid by or credited to him,
under the National Insurance Act 1946 or the National Insurance Act 1965.
Words in Sch. 3 para. 5 cross-heading inserted (24.4.2000 for specified purposes, 9.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 13(3); S.I. 2000/1047, art. 2(2)(a), Sch. Pt. I